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BARBAGALLO v. NATIONWISE EXTERMINATING & DEODORIZING, INC.

260 A.D.2d 518 (1999)

688 N.Y.S.2d 246

KATHY A. BARBAGALLO et al., Respondents, v. NATIONWISE EXTERMINATING & DEODORIZING, INC., Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided April 19, 1999.

Ordered that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

A motion for leave to vacate a judgment entered upon a default may be granted if the movant establishes that its default was excusable and that it has a meritorious defense to the action (see, Grutman v Southgate at Bar Harbor Home Owners' Assn., 207 A.D.2d 526; CPLR 2005, 5015 [a]). "The determination...

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